A U.S. District Court judge has ruled that a class action lawsuit against Quaker Oats over its Chewy brand granola bars can continue — for now — as long as certain claims are removed.
The Quaker Oats Chewy Bar class action lawsuit claims that labels on the box mislead consumers about how healthy the granola bars really are by using terms like “wholesome” and “smart choices made easy,” as well as depicting children playing. In reality, the class action says, the Chewy granola bars contain “dangerous amounts of artificial trans fat, a toxic product that causes cancer, diabetes, and heart disease.” Trans fat is a substance chemically manufactured through a process called hydrogenation that is banned in an increasing number of states.
According to the Chewy Bar class action lawsuit, Quaker Oats lists hydrogenated vegetable oil in the ingredient list for Chewy Bars, but the nutrition label states the bars contain “0 grams trans fats” — a statement that is clearly false and misleading, the lawsuit says. Quaker Oats argued that under Food and Drug Administration regulations, it was allowed to make such a claim because any level of trans fat that falls below 0.5 gram per serving must be rounded down to zero.
The court sided with Quaker Oats, saying, “[N]othing in the FDA statutes or regulations requires Quaker Oats to declare the trans fat level in this manner.”
In addition to dismissing the plaintiffs’ trans fat claims, the court further ruled that the plaintiffs could no longer include their claims directed at Quaker Oats’ statements that the bars are a “good source of calcium and fiber,” and that they contain whole grain oats but lack high fructose corn syrup. According to the court’s ruling, “the presence of trans fats alone is not a ‘disqualifying’ nutrient which would prevent Quaker Oats from emphasizing whatever other health benefits are available from the Bars’ other ingredients or because it lacks certain ingredients.”
Despite striking down the Chewy Bar trans fat and other claims, the court upheld the plaintiffs’ claims concerning Quaker Oats’ use of the term “wholesome” and “smart choices made easy,” as well as the depictions of oats, nuts, and children, ruling that they could continue.
The Quaker Oats granola bar class action lawsuit is seeking reimbursement to class members who purchased Chewy Bars within the past 10 years, and a court order requiring Quaker Oats to cease marketing its products using misleading tactics and to conduct a corrective advertising campaign.
A copy of the Quaker Oats Chewy Granola Bar Class Action Lawsuit can be read here.
Updated November 18th, 2010
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PLEASE CALL ME . I BROKE MY TOOTH EATING THIS GRONALLA BAR.WITH A REPORT FROM THE DENTIST TO MY LAWYER – THERE WAS FEED BACK YET – PLEASE CALL ME AT 315 433 5354 FROM NUNZIO BAGLIERE OF 148 SOUTH MIDLER AVE SYRACUSE N.Y 13206